Article Structure
The AO 88B form, officially known as the Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, serves a crucial role in the legal process. This document allows one party in a civil lawsuit to request the production of specific evidence from another party or individual. Whether you are seeking documents, electronically stored information, or physical objects, the AO 88B lays out the necessary steps for making such requests. In addition to document production, it also permits the inspection of premises relevant to the case. The form includes detailed instructions on who must respond, how they must comply, and the deadlines for doing so. It protects the rights of the person targeted by the subpoena through provisions that outline their obligations and potential recourse if the subpoena imposes an undue burden. Furthermore, the form is backed by guidelines from the Federal Rules of Civil Procedure, ensuring that parties understand their rights and responsibilities. The effective utilization of the AO 88B is fundamental for ensuring a smooth discovery process, making it a vital tool in civil litigation.
Ao 88B Example
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
|
|
for the |
|
|
__________ District of __________ |
||
|
|
) |
|
Plaintiff |
) |
|
|
v. |
) |
Civil Action No. |
|
|
) |
|
|
|
) |
|
|
Defendant |
|
) |
|
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
’Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:
Place:
Date and Time:
’Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place:
Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk |
|
Attorney’s signature |
The name, address,
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)
on (date) |
. |
|
|
|
|
’I served the subpoena by delivering a copy to the named person as follows:
on (date) |
|
; or |
|
|
|
’I returned the subpoena unexecuted because:
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ |
|
|
. |
|
|
|
|
|
|
|
|
|
|
My fees are $ |
for travel and $ |
|
for services, for a total of $ |
0.00 |
||
|
|
|
|
|
|
|
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:
.
.
Save As...
Add Attachment
Reset
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c)Place of Compliance.
(1)For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A)within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B)within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i)is a party or a party’s officer; or
(ii)is commanded to attend a trial and would not incur substantial expense.
(2)For Other Discovery. A subpoena may command:
(A)production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B)inspection of premises at the premises to be inspected.
(d)Protecting a Person Subject to a Subpoena; Enforcement.
(1)Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate
(2)Command to Produce Materials or Permit Inspection.
(A)Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B)Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the
(i)At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii)These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.
(3)Quashing or Modifying a Subpoena.
(A)When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:
(i)fails to allow a reasonable time to comply;
(ii)requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii)requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv)subjects a person to undue burden.
(B)When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:
(i)disclosing a trade secret or other confidential research, development, or commercial information; or
(ii)disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C)Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i)shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii)ensures that the subpoenaed person will be reasonably compensated.
(e)Duties in Responding to a Subpoena.
(1)Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A)Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B)Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C)Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D)Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
(2)Claiming Privilege or Protection.
(A)Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as
(i)expressly make the claim; and
(ii)describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B)Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
(g) Contempt.
The court for the district where compliance is
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
Form Characteristics
| Fact Name | Description |
|---|---|
| Form Purpose | The AO 88B form is used to issue a subpoena for the production of documents or to permit inspection of premises in civil actions in U.S. District Courts. |
| Governing Law | The use of the AO 88B form is governed by the Federal Rules of Civil Procedure, specifically Rule 45. |
| Compliance Location | A subpoena may command compliance within 100 miles of where the person resides, is employed, or regularly transacts business. |
| Notice Requirement | Before serving the subpoena, the issuing party must notify each party in the case if it commands the production of documents before trial. |
| Subpoena Delivery | Service of the subpoena must involve delivering a copy to the person named in the document. |
| Objection Rights | The person receiving a subpoena can object to the terms, but such objections must be made before the compliance time or within 14 days of service. |
| Fees for Witnesses | If not issued on behalf of the U.S., fees for one day's attendance and mileage must be provided to the witness when serving the subpoena. |
| Failure to Comply | A court can hold a person in contempt for failing to comply with a subpoena without adequate excuse. |
| Proof of Service | The completed form requires a proof of service section to confirm delivery to the named individual, but this is not filed with the court unless necessary. |
Guidelines on Utilizing Ao 88B
Filling out the AO 88B form involves several straightforward steps that ensure it's completed correctly. Follow these steps carefully to provide all the necessary information and fulfill the requirements of a subpoena effectively.
- Identify the Court: Write the relevant district name of the United States District Court where the case is being held at the top of the form.
- Insert Party Information: Fill in the names of the plaintiff and defendant in the designated spaces.
- Input Civil Action Number: Enter the civil action number associated with the case where indicated.
- Address the Subpoena: Write the name of the person or entity to whom the subpoena is directed.
- Production Details: Specify the documents or objects the person is commanded to produce, including the date, time, and location for production.
- Inspection Details: If inspection is required, provide the location, date, and time for the inspection of premises.
- Include Federal Rules: Ensure the relevant provisions of Fed. R. Civ. P. 45 are mentioned on the form, informing the recipient of their rights and responsibilities.
- Date the Form: Add the current date.
- Clerk’s Information: Include the signature of the Clerk of Court or Deputy Clerk, validating the subpoena.
- Attorney's Information: List the attorney's name, address, email, and phone number representing the party that requested the subpoena.
- Proof of Service Section: If applicable, complete this section, detailing when and how the subpoena was served.
After completing the AO 88B form, it must be served to the designated person and may require notifying other parties involved in the case. Keep a copy of the completed form for your records and follow any additional legal procedures as necessary.
What You Should Know About This Form
What is the AO 88B form used for?
The AO 88B form is a subpoena used in civil actions in the United States District Court. This document commands an individual or entity to produce documents, electronically stored information, or tangible items. Additionally, it allows for the inspection of premises related to the case. Essentially, it serves as a legal request for information that may be critical for the parties involved in a civil lawsuit.
Who can issue an AO 88B subpoena?
An AO 88B subpoena can be issued by an attorney who represents a party involved in a civil action. In specific instances, it may also be issued directly by the court. The attorney must provide their information, including name, address, e-mail, and telephone number in the subpoena. It is important that the issuing party serves notice and a copy of the subpoena to all other parties in the case before it is delivered to the person to whom it is directed.
How is the AO 88B form served to the recipient?
The AO 88B form must be served by delivering a copy to the named individual directly. This can be done in person or through other acceptable methods as outlined by the Federal Rules of Civil Procedure. The serving party must also document the service in the "Proof of Service" section of the form, indicating when and how the subpoena was delivered. It is essential that the proper fees are tendered if the subpoena is not issued on behalf of the United States or one of its officers or agents.
What are the potential consequences of failing to comply with an AO 88B subpoena?
If a recipient fails to respond adequately to an AO 88B subpoena, they may face legal consequences, including being held in contempt of court. The court has the authority to impose sanctions, which could include penalties for any lost earnings or reasonable attorney’s fees for the party who issued the subpoena. It is crucial for the recipient to respond within the designated time frame to avoid such repercussions.
Can a recipient object to an AO 88B subpoena?
Yes, a recipient of the AO 88B subpoena may file a written objection to the request. This objection must be served before the compliance date or within 14 days of receiving the subpoena. If objections are raised, the issuing party may then seek a court order compelling compliance. It is advised for the recipient to clearly outline the grounds for their objection, which could include undue burden or relevance of the requested information.
Common mistakes
When filling out the AO 88B form, many people inadvertently make mistakes that can lead to complications in legal proceedings. One common error is failing to provide the complete name and address of the individual to whom the subpoena is directed. Omitting this critical information may result in the subpoena being deemed invalid. Make sure that the name and address are accurate and up-to-date. This ensures that the intended recipient receives the subpoena in a timely manner.
Another frequent mistake involves not including sufficient details regarding the documents or information requested. The form requires clarity about what is to be produced or inspected. A vague description can cause confusion or disputes over compliance. Be specific; this will help the responding party understand exactly what is required, thereby avoiding potential delays or misunderstandings.
Many individuals also overlook the requirement to serve notice to all parties involved in the case before serving the subpoena. According to the Federal Rules of Civil Procedure, failure to do so can lead to sanctions or contested motions. It is essential to notify all parties prior to issuing the subpoena to maintain transparency and uphold legal protocol.
Sometimes individuals forget to sign the form. The signature of either the Clerk or the attorney is vital for the subpoena's validity. Without a signature, the subpoena could be challenged in court. This seemingly small oversight can result in significant inconveniences, so always double-check for the required signatures.
Lastly, not adhering to the correct time frame for compliance is a common pitfall. The AO 88B form specifies dates and times for when the requested information is to be produced. If these details are not clear or reasonable, the recipient may justifiably refuse compliance. It is crucial to give ample time for response while ensuring that it adheres to legal guidelines. This careful attention to detail can prevent delays and enhance the efficiency of the legal process.
Documents used along the form
The AO 88B form is an essential document used in civil litigation to request the production of specific documents, information, or objects, or to allow for an inspection of premises. Alongside this form, several other related documents may often be necessary to ensure the legal process is conducted smoothly and that all parties involved are adequately informed. The list below outlines these documents and their purposes.
- Notice of Subpoena: This document informs all involved parties that a subpoena has been issued. It must be served alongside the subpoena itself, ensuring transparency in the process and giving other parties the opportunity to respond or object.
- Proof of Service: This record demonstrates that the subpoena has been delivered to the named individual. It contains details about who received the subpoena, how it was served, and any other pertinent information, ensuring accountability in the delivery process.
- Objection to Subpoena: If a person receiving the subpoena believes it imposes an unreasonable burden or requests privileged information, they may submit this document. The objection sets forth their reasons for non-compliance and must be served before the compliance deadline specified in the subpoena.
- Motion to Quash: This formal request is made to the court to nullify or change the subpoena. It outlines the initial concerns and provides supporting arguments that justify why compliance should not be required.
- Request for Production of Documents: Often submitted in conjunction with the subpoena, this document specifically details the particular documents or types of documents sought, providing clarity on what is being requested.
Understanding these accompanying documents can help ensure that the process of complying with or challenging a subpoena is executed properly. Engaging with these forms thoughtfully contributes to a fair and organized legal process, allowing parties to protect their rights and navigate the complexities of civil litigation effectively.
Similar forms
- AO 88A - This form is also a subpoena form but is specifically for testimony rather than document production. It commands the witness to appear and testify at a specific time and place, operating under similar rules regarding compliance and objections.
- AO 88C - Similar in structure to the AO 88B, the AO 88C form serves as a subpoena for obtaining the records of a witness. It requires the production of documents, similar to the documents specified in AO 88B, and informs the witness of their rights and obligations.
- Federal Rule of Civil Procedure 34 - This rule governs the process of requesting the production of documents and things. While it does not take the form of a subpoena, it outlines similar procedures for discovery and response, including the timeline and format for document production.
- Federal Rule of Civil Procedure 45 - This rule provides the framework for all subpoenas, including those for document production as outlined in AO 88B. It dictates how subpoenas should be issued, served, and the protections available to individuals subject to subpoenas.
- Subpoena Duces Tecum - A type of subpoena specifically focused on the production of documents or evidence. Like the AO 88B, it commands a person to produce specified items, rights to objection, and avenues for enforcement by the court.
- Interrogatories - Though not subpoena-based, interrogatories serve as written questions requiring a party's response. This document similarly aims to gather information and is often used in conjunction with subpoenas like the AO 88B.
- Requests for Admission - These documents are designed for parties to admit or deny specific statements. Similar to AO 88B, they aid in streamlining issues for trial by clarifying what is not contested.
- Discovery Requests - Broadly, discovery requests are formal demands for information, including requests for documents, records, or other tangible items. They share the purpose of facilitating the exchange of relevant information, akin to the AO 88B process.
- Deposition Notices - These are formal notices to appear for a deposition where a party may be required to bring specific documents or evidence. Like the AO 88B, they rely on compliance expectations and outline the responsibilities of the individual being asked to provide testimony or materials.
Dos and Don'ts
When filling out the AO 88B form, follow these guidelines:
- Clearly write the correct names of the parties involved.
- Provide accurate dates and times for the required documents or inspections.
- Ensure the address for where the documents or inspections will take place is complete.
- Double-check for any legal terms that might need clarification before submission.
- Keep a copy for your records to reference later.
Avoid these common mistakes:
- Don’t leave any sections blank; every part must be filled out.
- Never submit the form without first checking for errors.
- Do not overlook the signature requirement; it’s essential.
- Refrain from using vague language; be specific in your requests.
- Don’t forget to serve a copy to all involved parties before delivery.
Misconceptions
- Misconception 1: The AO 88B form can be used for any type of case.
- Misconception 2: Receiving a subpoena means you are guilty of something.
- Misconception 3: You must comply with a subpoena exactly as it is written.
- Misconception 4: A subpoena can demand information without any limitations.
- Misconception 5: You cannot seek help from a lawyer if you receive a subpoena.
This is not true. The AO 88B form is specifically designed for civil actions. It is not suitable for criminal cases or other types of legal matters.
Receiving an AO 88B form does not imply guilt. It simply indicates that someone is seeking information or documents related to a civil case. Participation in a legal process does not equate to wrongdoing.
This is partially a misunderstanding. You may object to certain requests within the subpoena if they seem excessive or irrelevant. However, it is important to respond appropriately, either by complying or submitting a formal objection.
The AO 88B form has rules that protect individuals from unreasonable demands. If a subpoena imposes an undue burden or requests privileged information, you may have grounds to challenge its terms.
In fact, it is advisable to consult a lawyer when dealing with a subpoena. Legal advice can help you understand your rights and options for responding appropriately.
Key takeaways
Filling out and using the AO 88B form, which is a subpoena to produce documents, information, or objects, is an important process in civil litigation. Here are some key takeaways to keep in mind:
- Understand the Purpose: The AO 88B form is designed to compel individuals or organizations to provide specific documents or allow inspections relevant to a civil case.
- Service of the Subpoena: Prior to serving the subpoena on the individual or organization, a copy must be sent to all parties involved in the case. This ensures transparency and prepares them for possible evidence that may be introduced.
- Compliance Timeline: The subpoena will specify a date and time for compliance. It’s crucial that the documents or items are produced by this deadline to avoid potential contempt of court issues.
- Objections Are Allowed: If the recipient of the subpoena has concerns about the request, they can file a written objection before the compliance deadline. This is important to protect their rights and interests.
- Location Matters: The subpoena typically limits where compliance can occur. For document production, it must be within 100 miles of where the person resides, works, or regularly conducts business.
- Failure to Comply: It's important to be aware of the consequences of ignoring a subpoena. Courts can hold individuals in contempt if they fail to respond adequately or do not comply with the subpoena requirements.
Browse Other Templates
Cbu Transcript Request - Use the fax option if you need a quick request process.
Fsa Forms - It collects personal and agricultural information from farmers.